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ORISSA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 18, Rule 1, 2 -- Right to begin - Partition suit - Plea of defendant of previous partition - Burden is on defendants to prove previous partition - Only when defendants lead some evidence in proof of previous partition, plaintiff would be obliged to lead evidence in rebuttal - Application of plaintiff for a direction to defendant to begin..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 14, Rule 1 -- Ex parte decree - Setting aside - No objection by plaintiff for setting aside ex parte decree - No necessity to frame an issue for determination - Ex parte decree set aside...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), Transfer of Property Act, 1882, Section 106, 125 -- Eviction - Mesne profit - Interest - After rate of contractual rent comes to an end on eviction order being passed, tenant is liable to pay mesne profits - However, it is for Courts to make balance between mesne profits at market rates and reasonable..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), Transfer of Property Act, 1882, Section 106, 125 -- Eviction - Mesne profit - From date of eviction order - Delay in filing application - Landlord would be entitled to reasonable compensation from date of eviction order where application is moved without inordinate delay - Otherwise, he would be entitled..........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - A party who chooses not to participate in Court proceedings and stay, must suffer, the consequences of the relief of injunction order...........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Injunction - Against use of plaintiffs DTH services and trade name `Tata Sky' on any of the defendants website - Plaintiffs have been licensed by Government of India for conducting business of DTH operator and subscribers are not entitled to re-transmit DTH signals through any means - However, defendants..........

HYDERABAD HIGH COURT

Year of decision: 2016
Details

Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151, Order 8, Rule 1(3), Civil Procedure Code, 1908, Order 16, Rule 1 -- Expert opinion - Private expert - Any report obtained by a party privately and directly and behind the back of one of the parties and without intervention of Court and without orders from a Court cannot be permitted to be received on..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section 151, Order 22, Rule 10 -- Impleading a party - Suit for declaration - Real dispute in suit is about inheritance to the estate left by deceased - Respondents No.1 to 5 being natural heirs of deceased were necessary and proper parties to suit - Presence of respondents was necessary for..........

KERALA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 39, Rule 1, Family Courts Act, 1984, Section 19(1) -- Temporary injunction - Appeal - Order passed U.O.39.R.1 CPC, by Family Court, comes under the term `interlocutory order', as it does not finally decide the rights and obligations of parties - Merely because it restrains one of the parties from dealing with the subject matter of cause..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - Plea beyond pleadings cannot be taken into consideration...........

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